(9 years, 11 months ago)
Lords ChamberThe noble Lord raises an important point. This is why we have legislated this year to tighten up on the dangerous dogs legislation. Now is not the moment to go into detail, but he has a very important point and the new legislation goes to the particular problems that have arisen in recent years.
My Lords, following on from that point, this is a time of year when the number of postal workers attacked by dogs rises quite considerably. We should not underestimate the number of hospital admissions that also take place due to dangerous dogs. Having campaigned on this issue for a number of years, I was encouraged when the Minister said that the Government were looking at further measures to link the owner to the dog through a microchip. Will he say what measures they might well bring forward to reduce the number of dog attacks?
My Lords, we have worked with the Post Office, Royal Mail and the unions on the legislation that went through this year. Largely, they were extremely happy with what we did and are very pleased that microchipping is coming in.
(10 years, 9 months ago)
Lords ChamberMy Lords, I rise to support this amendment. I believe that the noble Lord, Lord Whitty, has underestimated the effect of the change to the primary duties of Ofgem in the 2008 Act, which states that the duties for present and future customers are one of the underlying bases of its commitment to sustainability. The problem that it faces is that the limitations of the sustainable action that should be undertaken have not yet been tested. I had the fun of suggesting to Ofwat that we could take it to judicial review to suggest that it was not fulfilling this pledge. That had an enormous effect on Ofgem. Ofgem should be commended for the strides that have been taken over the past six years to move from an organisation that saw sustainability as something outside its remit to seeing it as something that is very much part of its remit. The value of this—in an amendment first moved by the noble Lord, Lord Oxburgh, to which I added my name—is such that it has changed the culture of Ofgem. It is rather unfortunate that Ofwat does not have the same duty and therefore the same drive to understand that it has that responsibility.
My Lords, the purpose of Amendment 109 is to ensure that, in discharging its primary duty to protect consumers, Ofwat must take account of the needs of both current and future customers.
I agree that this is an essential objective. Water is an industry with unusually long planning and investment horizons. Our water resources management-planning processes require companies to plan, as a minimum, 25 years ahead and encourage them to plan over much longer timeframes. Although much of our current infrastructure will be expected to serve customers well for decades or even centuries to come, this is why we have introduced the new duty of resilience, which requires Ofwat to secure the long-term resilience of systems to the long-term pressures identified in the water White Paper, such as climate change, environmental pressures and population growth. It also requires Ofwat to ensure that the companies take action to meet the long-term needs of consumers by promoting appropriate long-term planning and investment; and by taking any and all relevant measures to manage water resources sustainably and reduce demand.
So let me assure the noble Lord, Lord Whitty, that I concur entirely with his aims. However, I consider his amendment to be unnecessary, because its effect would be to duplicate an identical existing provision in Section 2(5A) of the Water Industry Act 1991, which provides a definition of “consumers” for the purpose of the consumer duty. It clearly states that,
“‘consumers’ includes both existing and future consumers”.
I hope that this will satisfy the noble Lord and that he will feel able to withdraw his amendment.
My Lords, I turn first to Amendments 110 to 112, in the name of my noble friend Lord Redesdale. I thank him for them, as I thank my noble friends Lord Selborne, Lord Crickhowell and Lady Parminter and the noble Lord, Lord Whitty, for their comments on these amendments, which would extend the new duty of resilience so that it became a dual duty of resilience and sustainable development. Of course, as my noble friend knows well, Ofwat has had a stand-alone statutory duty to contribute to the achievement of sustainable development since 2005. The Government have reinforced the importance of this duty by providing clear statutory guidance that sustainable development is central to everything that Ofwat does and must be fully embedded throughout its regulatory decision-making. We also require an annual report from Ofwat on its contribution to sustainable development.
I know that my noble friend Lord Redesdale has a long-standing interest in this issue, and I am particularly grateful to him for his assiduousness in pursuing this. He wishes, understandably, to see meaningful changes to culture and practice in economic regulation in water. These changes are already taking place: by correcting the historic bias towards capital investment, for example, the current price review looks set to achieve a much more equitable balance between capital and operational solutions than has previously been the case. Similarly, Ofwat has been working with the industry and Infrastructure UK to halt the stop-start pattern of work, sometimes described as “cyclical investment”, that has been a cause for concern in this sector for many years. Again, we are seeing measurable changes in behaviour. Ofwat has recently given permission to water companies to bring forward £100 million of investment into 2014 to smooth the investment profile and benefit the wider water supply chain.
My noble friends Lord Redesdale and Lady Parminter suggested a water efficiency duty for Ofwat. My noble friend Lord Redesdale referred to the fact that the water companies do indeed have a water efficiency duty. Ofwat has an obligation to ensure that the companies can perform their functions.
Having said all that, we are not and must not be complacent. That is why we have created a new duty of resilience, designed to address the specific issues relating to the long-term pressures facing the water industry. The resilience duty encompasses all the activities that water companies can undertake to manage those pressures: from investing in the additional water storage, to tackling unsustainable abstraction, to focusing on environmental management across the catchment. This duty recognises the need to address the pressures caused by climate change and population growth, and to protect the natural environment on which our water sector relies.
In response to concerns raised by people such as my noble friend, I am delighted that we have already amended this duty in another place to be absolutely explicit about the need to manage water resources sustainably and to manage demand to alleviate pressures on those precious resources. I think that I can say that our amendments have been welcomed, for example by the coalition of environmental NGOs with a particular interest in this area, the Blueprint for Water, with which my noble friend has been closely involved. I met this coalition recently, and it expressed itself satisfied with what we had done in this regard. I therefore hope that I will be able to persuade my noble friend that, given the changes already made, further amendment of the kind he proposes is not required.
Turning to Amendment 113 in the names of the noble Lords, Lord Whitty and Lord Grantchester, the noble Lord, Lord Whitty, has argued that elevating the existing sustainable development duty to primary status would help us to achieve a wide range of important objectives. Let me be quite clear: the Government support those objectives. As I said in the debate on the previous group, we want to see the regulatory regime for water recognise more clearly the needs of future, as well as current, consumers. We recognise the need for a strategic response to climate change, and we firmly believe that catchment management and demand management should form a mainstream part of water company activity.
The Government commissioned the Ofwat review to consider the case for elevating the sustainable development duty as proposed by the noble Lords. Having looked carefully at the arguments, David Gray concluded that he simply did not believe that the creation of a primary sustainable development duty would have the effect that its proponents were looking for. Despite the scepticism of the noble Lord, Lord Whitty, therefore, while we—and I speak for the entire Government—remain fully committed to the principles of sustainable development, we do not believe that the amendment is the best way to achieve the objectives that the noble Lords wish to see. I also believe that we should recognise where changes have already begun to take place. I have already spoken about the way Ofwat’s new price review methodology, to which the noble Lord, Lord Whitty, referred, has addressed the industry’s perceived preference for capital investment, resulting in the companies bringing forward business plans that propose a much more even split between capital and operational expenditure, such as demand management activity.
During our particularly constructive Second Reading debate, a number of noble Lords highlighted the importance of taking a proportionate approach to changes to Ofwat’s duties. Of course, it must be right that we should occasionally amend the duties to ensure that they remain up to date with the Government’s policy priorities. This is what we have done in the case of the resilience duty, in order to reflect the core policy message of the water White Paper on the need to build the long-term resilience of the sector. We have amended this provision in another place to emphasise that this must include the sustainable management of water resources. However, I agree that we must demonstrate restraint in applying new duties to the regulator; and the changes that we have already proposed strike the appropriate balance. I must therefore ask my noble friend to withdraw his amendment.
My Lords, yet again I am not disappointed in my expectation that I will not get anything out of the Government. However, it seems almost a waste of a parliamentary process to have a White Paper which is full of water efficiency proposals and then to say, “We’ve had enough duties”, so that something which all noble Lords believe should be an objective is not moved forward on.
The noble Earl, Lord Selborne, and the noble Lord, Lord Crickhowell, raised very interesting points. I will make two points. First, the battles that the noble Lord, Lord Crickhowell, undertook, which were incredibly valuable, are not now taking place in the same way. Most groups agree that there has been a shift from the regulator against the balanced approach to economic environmental regulations. The noble Earl, Lord Selborne, raised the Gray review. I met Mr Gray to discuss this; one of his recommendations was that it is fine, because the Environment Agency leads on policy on this area, and therefore deals with this issue. Since the review, however, the Environment Agency has lost that ability, so it is out of kilter. Things have moved on so that the balance which the regulator has to take—and I understand the difficulties it faces between price, social cohesion and environment, which is tricky—has to be dealt with. However, the problem is that the regulator is seen as not meeting that objective.
The Minister talked about meeting with the NGOs. I believe he met with the RSPB and the WWF, but those are not all the NGOs that make up Blueprint for Water. I have discussed this with Blueprint for Water, and meeting with one, two or three NGOs out of a group of them is always slightly difficult. The whole group does not believe that, but those two NGOs will speak on their behalf. Therefore the Minister’s view that the Bill does not need amending to expand the role of resilience, even though it was amended in the other place, was unfortunate. It leaves no option when we come to the next stage but to try to force through sustainability as a solution to that problem. That may not be the simplest way of dealing with this issue, but, as was proved by Ofgem’s change in attitude, it does have an effect. Therefore it is rather unfortunate that the Minister has not agreed even to have discussions on this. Although I shall withdraw the amendment, I hope to bring it back at the next stage because this is a core issue.
This is not a political matter, which is why I very carefully did not ask the noble Lord, Lord Whitty, or any other noble Lords to put their names to this amendment. This is about whether we believe that water should be a sustainable resource and whether there is somehow a political lever. Most people in this country do not believe that water should be dealt with in a political context; it is about whether we have it or not and whether the regulator makes sure that we judiciously use this resource. If that means that I am a wishy-washy liberal, I sit on these Benches so I am quite happy to be described in those terms—and not as one of abuse. However, the Conservative Party talked about being the “greenest Government ever” and the coalition has moved forward on many of these green policies, so I find it incredible that we are bringing politics into this area. Therefore I hope that the Government will think again about a water efficiency duty. On that basis, I beg leave to withdraw the amendment.
My Lords, I think my words in the clause stand part debate at the outset of the Committee were very clear on that point.
My Lords, I echo the words of the noble Lord, Lord Richard. It would be excellent if the Government took over this legislation and moved forward with it; that would be the answer to my dreams. The noble Lord will know that this is a very complicated area. Some of the questions that have been raised over the drafting are due to its complex nature. This has not just been thrown together. It has been worked on by a large number of people. Sometimes the intent of the words is the result of an enormous amount of debate on extremely emotive issues.
No piece of dogs legislation would be perfect. Nobody is going to be happy. I have noticed this from the large number of letters that I have now received, including “My dog should be allowed to bite anybody who comes anywhere near my property” and across the board. This has been an extremely difficult issue to work on.
The noble Lord has given me an opportunity to sum up briefly before the Bill goes forward. This area needs to be addressed. I quite understand that there are difficulties with the legislation. The former Government undertook a review, and the present Government are looking at the review. It would be irresponsible not to deal with this issue considering that the number of dog attacks has risen year on year, and that the number of children killed by dogs which fall into a category that did not exist 20 years ago has increased year on year.
The purpose is not just to bring another piece of legislation before the House and Parliament. This issue affects people around the country, day by day. I have known from the letters I have received, some of which are quite harrowing, how people’s lives can be ruined by the fact that somebody else has a dog of which they are terrified, such as old people who are terrified of going out to the shops in case they meet dogs of this nature. That situation has to be addressed.
The whole purpose of this legislation is not against dogs. I have owned dogs in the past. I do not own one at the moment; my children are desperate for us to own one in the future. I am keen on dogs being owned responsibly. However, there are two problems. First, there is a group of people who are causing a problem in the ownership of dogs. Secondly, responsibility must lie not with the dog itself, because tens of thousands of dogs have been treated badly and de-socialised, and have to be destroyed, which is an animal welfare issue. The responsibility must rest with the owner, and that is the purpose of this Bill.
(14 years, 4 months ago)
Lords ChamberMy Lords, no one thinks that this is going to be easy. In my experience, however, there are very few farms that can claim that they have exhausted all potential for making more efficiencies, so I take the noble Lord’s point. Many would benefit from training to improve skills, especially in business management, cost reduction and better marketing strategies, such as through producer organisations. As a whole, the EU has been falling badly behind its global competitors in productivity growth over the past 30 years and the Government are working hard on how this can be reversed.
My Lords, the noble Lord is a noted cynic on this subject. I assure him that the British Government will be negotiating hard at EU level for a reform to the CAP.
My Lords, I apologise. I was slightly confused by the noble Lord, Lord Willoughby de Broke, because he said, “This side”, and the Front Bench opposite agreed with him. Will there be any move to deal with the power of the supermarkets in setting prices, which is having a detrimental effect, especially on hill farmers in livestock areas? Indeed, it is one of the major causes of depressed incomes for livestock farmers.
My Lords, I very much take my noble friend’s point. He should be aware that the coalition programme for government, which was published on 18 May, made a commitment to introduce an ombudsman in the OFT to enforce the groceries and supply code of practice and to curb abuses of power that act against the long-term interest of both consumers and farmers.